Electricity (Supply) (Amendment) Act, 1945
|
Compensation to certain fishery employees and others. |
18.—(1) Every person who proves to the satisfaction of the Board or of the arbitrator— | |
(a) that he was engaged by way of trade or otherwise for profit in fishing in the waters of any river or was employed for reward by any person for such fishing or was both so engaged and so employed, and | ||
(b) that he has suffered loss of profits or loss of earnings by reason of any interference by the Board under this Act with the waters of such river or any fishery therein or fishing right thereover, | ||
shall (subject to the subsequent provisions of this section) be entitled to be paid by the Board compensation in respect of his said loss of profits or earnings or profits and earnings, as the case may be. | ||
(2) The compensation payable to any person under this section shall be calculated as follows, that is to say, for every complete open fishing season during which such person was engaged or employed or both engaged and employed as mentioned in the next preceding subsection of this section, such person shall receive a sum equal to four times the average weekly earnings or wage or earnings and wage received by such person in respect of such engagement or employment during the complete open fishing season next before the interference by the Board mentioned in the said subsection but subject to the overriding limitation that such compensation shall not in any case exceed fifty-two times the said average weekly earnings or wage or earnings and wage, as the case may be. | ||
(3) A person shall not be entitled to any compensation under this section where it is shown to the satisfaction of the arbitrator that, by reason of an undertaking by the Board to continue the employment of such person or for any other reason, such person will suffer no loss or diminution of earnings or employment in consequence of the interference by the Board. | ||
(4) The right to and the amount (if any) of compensation under this section shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , as if such compensation were the price of land compulsorily acquired. |